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Fake ID’s

In order to understand the penalties and defenses with everything regarding the possession or presentation of a fake ID by a minor, one must understand the legal definition of possession or presentation of a fake ID by a minor. The California Business and Professions Code 25661 makes it a crime for a minor to present or possess a false identification card. Specifically, a person is guilty under BPC 255661 if he/she is not above the age of 21 and either:

1. Presents a false or fraudulent ID to a business with the intent of purchasing, ordering, or attempting to purchase alcohol;
2. Possesses a false or fraudulent identification card;

Examples of illegal acts that fall under California Business and Professions Code 25661 include, but are not limited to:

1. Although only 20, Brian tries to use his older brother’s ID (who is over 21 years old) in order to purchase vodka at a liquor store.
2. Jake is 18 but uses his 23-year-old friend’s ID so that he can get into a bar.
3. Sofia is 16 and uses a fake ID in order to gain admittance to a nightclub.

It is most common for violations of Business and Professions Code 25661 to have actual possession. In other words, the accused person was caught with an identification card in his hand or reach, as in a pocket, bag, jacket, etc.

Someone who is accused under Business and Professions Code 25661 can, of course, challenge the charges by using a legal defense. Examples of good defenses can typically get charges reduced or even better, dismissed. However, it is vital for a defendant to hire an attorney in order to receive the best possible defense strategies and outcomes for his or her case. The three most typical defense strategies to Business and Professions Code 25661 are:

1. For the accused to not be a minor;
   1. Keep in mind that Business and Professions Code 25661 can ONLY apply to a minor. It is a completely legitimate defense for a defendant to show that he was 21 years of age or older when the alleged incident took place. However, it is important to note that if an accused person is 21 or over, and is caught having a fake ID in his possession, he can, unfortunately, still be charged with a crime per California Penal Code 470(b). Unlike the punishments related to minors, California Penal Code 470(b) is much less forgiving to adults who have been charged. Some potential penalties under California Penal Code 470(b) are misdemeanor (summary) probation, up to one year in county jail, and/or a fine of up to $1,000 dollars. Now if one has a felony fake ID charge, they may be subject to:
      1. Felony (formal) probation;
      2. Sixteen months, two or three years in county jail; and/or
      3. A fine of up to ten thousand dollars.
2. For the accused to not be purchasing alcohol;
   1. In regards to the presentation of a fake ID, a minor is guilty under Business and Professions Code 25661, if and only if, he presented an ID to buy, or attempt to buy alcohol. A perfectly legal defense, in that case, is for the accused person to demonstrate that he was not using a fake ID in order to purchase alcohol. To be more specific, perhaps it was possible for the accused to have been purchasing cigarettes.
3. For the accused to have been victim of an unlawful search or seizure.
   1. The Fourth Amendment of the United States Constitution declares that people have the right to be free from unreasonable searches and seizures by law enforcement. For example, if authorities gather evidence in a manner that can be described as unreasonable, or an unlawful search and seizure, then the evidence they have gathered can be excluded from a criminal case, which would essentially allow for the charges to be reduced or even dismissed, if the officer cannot produce the fake ID in question. The Fourth Amendment’s rule against unreasonable search and seizures suggests that police are not allowed to search a person or his property unless one of the following conditions is satisfied:
      1. They have obtained a valid search warrant from a judge;
      2. The search is protected within one of a number of exceptions to the warrant requirement that is upheld by not only federal, but also California courts.

A minor that has violated Business and Professions Code 25661 will be charged with a misdemeanor, having a first-time offender of the crime punishable by:

1. A Maximum fine of $250 dollars;
2. Performance and completion of between 24 and 32 hours of community service.

However, if one is to become a second-time offender, they can be subject to one or even both of the following:

1. A maximum fine of $500 dollars;
2. Performance and completion of between 36 and 48 community service hours.

Now that you understand the crime regarding a minor using a fake ID, it is time to find adequate legal representation

At Monder Law, we will go to extreme lengths in order to secure the best possible outcome in regards to your case so that you don’t face severe punishments. Attorney Vik Monder is a San Diego native who has not only defended, but also went above and beyond countless clients’ expectations who have been presented with misdemeanor fake ID charges. Monder Law’s powerful legal defense offers the best attorney while also at an affordable price. Vik Monder’s preparation and success rate for criminal cases are a true testament to his highly regarded reputation as one of San Diego’s best criminal defense lawyers. Not only will we go through each and every aspect to your specific case, but we will assemble the best strategy to attack your case, and prevent you from suffering the severe consequences. Your fake ID case will be made a lot stronger with our help, so if you feel that we can help you with your case, give us a call!